In short
Planning permission and building regulations approval are two different things, and a home can need both (GOV.UK). When you buy in England or Wales, your conveyancer asks the seller for the planning permissions, building regulations completion certificates and installers’ certificates for past works. If they are missing, the legal risk has time limits: a council in England can take planning enforcement action for 10 years after building works were substantially completed (4 years in Wales; English works finished before 25 April 2024 keep the previous limit). A section 36 notice requiring non-compliant building work to be removed or altered cannot be served more than 10 years after the work was completed. Work done without approval after 11 November 1985 can be regularised by the local authority.
Two separate approvals
| Planning permission | Building regulations approval | |
|---|---|---|
| What it controls | Whether the work or use is allowed (appearance, size, use) | Whether the work is built safely and to standard (structure, fire, electrics, energy) |
| Proof a seller can give | Planning decision notice | Completion certificate, or a competent person certificate |
| Retrospective route | A planning application after the event, which this guide does not cover | Regularisation from the local authority, for work after 11 November 1985 |
| Enforcement time limit (England) | 10 years for building works | 10 years for a section 36 notice |
Building regulations: which works need approval
GOV.UK says the Building Regulations 2010 cover the construction and extension of buildings, and many alterations, including: replacing a fuse box and connected electrics; a new bathroom involving plumbing; electrics near a bath or shower; fixed air conditioning; replacing windows and doors; replacing roof coverings; installing or replacing a heating system; and adding radiators.
Exempt work includes most repairs and maintenance (except heating systems, oil tanks, fuse boxes and glazing units), new sockets and lighting points except around baths and showers, replacing baths, toilets and basins, and loft or underfloor insulation.
Competent person schemes. A registered installer, of windows or boilers for example, can self-certify the work and must give a certificate within 8 weeks of completion. GOV.UK says it will also show up in solicitors’ searches when you sell. You can check an installer on the Competent Persons Register.
What happens without approval. GOV.UK: the person doing the work can be prosecuted and fined, the building control body could make you pay to fix faulty work, and “without approval you will not have the certificates of compliance you may need when you want to sell your home.”
The time limits, read from the statutes
Planning (section 171B, Town and Country Planning Act 1990).
| Breach | England | Wales |
|---|---|---|
| Building or other operations without permission | 10 years from substantial completion | 4 years |
| Change of use of a building to a single dwellinghouse | 10 years from the breach | 4 years |
| Any other breach | 10 years | 10 years |
The 10-year limit for England replaced the earlier wording on 25 April 2024. Regulation 5 of S.I. 2024/452 says the change does not apply where the operations were substantially completed, or the change of use happened, before that date. A further enforcement step is still possible if the council took or purported to take action within the previous 4 years.
Building regulations (section 36, Building Act 1984). A notice requiring the owner to pull down, remove or alter non-compliant work “shall not be given after the expiration of 10 years from the date of the completion of the work”. The wording was amended by the Building Safety Act 2022; legislation.gov.uk shows the change in force in England from 2023 and fully in Wales from 1 July 2026. If work was approved and built to the approved plans, a section 36 notice cannot be served on the ground that it breaches the regulations. Section 36 does not stop an injunction being sought.
Regularisation
GOV.UK: you can apply to a local authority building control body (not a private approver) for retrospective approval of work done without consent. Only work carried out after 11 November 1985 qualifies, and you may need to make alterations before a regularisation certificate is issued.
What to ask before you exchange
- Ask the seller for the paperwork GOV.UK lists for a sale: planning permission and building regulation certificates, FENSA or CERTASS certificates for windows, guarantees and warranties, electrical checks and party wall agreements.
- Date the work. The age of an extension or conversion decides which enforcement limit applies; the council’s planning and building control records, through the property searches, help.
- Have the work surveyed. A certificate proves approval, not condition: a home survey checks what was built.
- Discuss the options with your conveyancer: asking the seller to regularise before exchange, negotiating the price, or an insurance policy. Payotte found no official GOV.UK guidance on indemnity insurance for missing consents, so this guide gives no view on it.
- Listed buildings have their own consent regime: see buying a listed building.
Scotland and Northern Ireland
GOV.UK says there are different building rules in Scotland and Northern Ireland. The time limits above are from the England and Wales statutes; Payotte did not review the Scottish building warrant or Northern Irish systems for this guide.
Which professional to consult
A conveyancer raises the enquiries and reads the searches. A surveyor checks the work itself. The local authority’s building control department deals with regularisation applications.
Frequently asked questions
Can I buy a house without a building regulations certificate?
Yes, but GOV.UK warns that without approval there are no certificates of compliance, and the building control body could require faulty work to be fixed. Ask for regularisation, a survey or a price adjustment before exchange.
How long can a council enforce a planning breach?
In England, 10 years from substantial completion for building works finished on or after 25 April 2024; earlier works keep the previous limit. In Wales, 4 years.
How long can building control act on non-compliant work?
A section 36 notice cannot be served more than 10 years after the work was completed, under the Building Act 1984 as amended by the Building Safety Act 2022.
What is a regularisation certificate?
Retrospective building regulations approval from the local authority for work done without consent after 11 November 1985, sometimes after alterations.
Do replacement windows need building regulations approval?
Yes, GOV.UK lists replacing windows and doors. An installer registered with a competent person scheme can self-certify and must give you a certificate within 8 weeks.
General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.
More guides on buying
- Buying a home in England: the steps, offer to registration
- Buying a home in Northern Ireland: process and registers
- Buying a home in Scotland: Home Report, offers and missives
- Buying a listed building: consent, offences and checks
- Buying a new-build home: reservation, snagging and warranties
- Buying a second home: SDLT, ADS and LTT higher rates
- Coal mining searches when buying a home in the UK: reports, costs and subsidence claims
- Conveyancing explained: who does it and what it covers
- Exchange and completion: when you are bound to buy
- First registration of unregistered land in England and Wales
- First-time buyer relief: England, Scotland and Wales
- Flood risk when buying a home: maps, zones and Flood Re
- Gazumping and gazundering in the UK: why they are legal before exchange and how to protect yourself
- Home survey levels 1, 2 and 3: which one to choose
- Japanese knotweed and buying a home: the legal position
- Joint tenants or tenants in common: buying a home together
- Land Registry fees in the UK: Scale 1, Scale 2, Registers of Scotland and LPS compared
- Land Transaction Tax in Wales: rates, higher rates, 30 days
- LBTT in Scotland: rates, first-time buyers, ADS, 30 days
- Lease extension cost: how the premium is worked out (England and Wales)
- Leasehold and freehold: what you own, and 2024 reforms
- Non-UK resident SDLT surcharge: the 2% and how to reclaim it
- Property searches when buying a home in the UK
- Restrictive covenants, easements and rights of way on a UK property
- Right to Buy: discounts, rules and where it still exists
- Stamp Duty Land Tax: rates, who pays and the 14 days
- Stamp duty refund on higher rates: reclaiming the surcharge after selling your old home
- The Home Report in Scotland: contents and your rights
- The title register: what it shows and how to get it
Sources
- Building regulations approval (GOV.UK) (consulted 21 October 2026)
- Town and Country Planning Act 1990, section 171B: time limits for enforcement (legislation.gov.uk) (consulted 21 October 2026)
- The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024, regulation 5 (legislation.gov.uk) (consulted 21 October 2026)
- Building Act 1984, section 36: removal or alteration of offending work (legislation.gov.uk) (consulted 21 October 2026)
- Selling a home: paperwork for buyers (GOV.UK) (consulted 21 October 2026)